please advise me

[patricia thomps]

What is the name of your state (only U.S. law)? georgia
i divorced my husband in 1979, we had 2 girls. my x husband never supported them , he was just gone for 17 years. 2 momths ago my daughters got a will from their daddy's estate, he had passed away and in his will he gave them 25.00 each. as i looked into his life i found he is worth a lot, money, loand, homes, rental property, he had it all. my 2 daughters don't want anything he had, they don't even know him. ok, their daddy had a girlfriend who passed away 2 years ago and his will gives everything to his girlfriends grand daughter and thats ok with us. the thing is, my daughters got a copy of their daddy's will giving them the 25.00 and they were ask to sign it and return it. they have not done that, so the mother of the grand daughter called me, telling me if my daughters didn't sighn this will and return it she would take them to court. please, tell me she can't do this. 2 little girls ages 3 years and 3 months was thrown away 17 years ago, they have ask for nothing and they have done nothing to anyone and here comes their daddy's girlfriend's daughter and grand daughter gona take them to court. how much more punishment do my 2 daughters have to go through just for being alive on this earth?

 

[anteater]

The deceased's will does not need to be signed by beneficiaries. What is it exactly that they are being asked to sign? How old are they now - are they both considered adults?

While understanding the bad feelings, sometimes it just easier to go along. They can receive the check and rip it into little pieces or burn it.

(By the way, is there any back child support owed? You might have a claim against his estate.)

 

[TrustUser]

if i was one of the daughters, i would not sign anything. i would not cash the check if it was sent to me.

they certainly have no obligation to sign anything. and knowing the type of person the dad was, and the type of people the dad got involved with, i doubly wouldnt sign anything.

after being abandoned, the father had the gall to put $25 in his will for his 2 daughters ? and now someone on the other side has the nerve to threaten to sue ?

if i was not so inclined, i would now do exactly what anteater suggested - look into back child support, and go after the jugular in whatever way i could.

some people dont know when to leave well enough, alone.

this of course is not legal advice, but an emotional response.

 

[patricia thomps]

Thank You!!

i was thinking the same, i just wanted to know if this unknown, greedy family, could come out of nowhere and sue my daughters for not signing this will. thank you so very much, i have always lived a very quiet life so i don't know much about the laws of ga.

 

[anteater]

i was thinking the same, i just wanted to know if this unknown, greedy family, could come out of nowhere and sue my daughters for not signing this will. thank you so very much, i have always lived a very quiet life so i don't know much about the laws of ga.

Once again, they aren't being asked to sign a will. Most likely, it is a consent to open probate and for issuing letters of administration. But you did not answer the question about what it is that they are being asked to sign.

There are states, like New York, where the court may issue a summons to appear if beneficiaries/heirs refuse to sign such a consent. I don't know if Georgia courts do that.

As I said earlier, despite the anger toward the ex, I just don't think that this consent (if that is what is being requested) is an issue over which one goes to the mat.

On the other hand, if there are support arrears, get yourself a mean ol' junkyard dog attorney and go after the estate.

 

[patricia thomps]

so sorry, not being clear

on paper #1, it reads at the top. (acknowledgment of service and assent to probate instanter), this is the one they want signed... on paper #2,(pettion to probate will in solemn form). on the 3rd set of papers it reads (last will and testament)
also no, we never got childsupport from him.
i really need to know if they can make my daughters sign this here in the state of georgia. can you help me find out?

 

[TinkerBelleLuvr]

I understand that you didn't get child support. Was dad ever ORDERED to pay it?

 

[anteater]

on paper #1, it reads at the top. (acknowledgment of service and assent to probate instanter), this is the one they want signed... on paper #2,(pettion to probate will in solemn form). on the 3rd set of papers it reads (last will and testament)
also no, we never got childsupport from him.
i really need to know if they can make my daughters sign this here in the state of georgia. can you help me find out?

Probate law and procedure varies by state. And there is probably nobody that knows all the details of every state's process. There is a Georgia attorney who responds at this site very sporadically. But I am not certain if he/she has specific Georgia probate expertise.

As I see it, you, or rather, your daughters, have two options to find out what happens if they refuse to sign the acknowledgement and assent:

1) The cheap way that may or may not work: Call the probate court and ask. Probate clerks are not there to give legal advice, but a straight-up "what happens if" question might get an answer.

2) Find a probate attorney and ask.

Frankly, if your daughters do not wish to contest the will and don't really care what happens with probate, I don't see why they would refuse to sign.

 

[TrustUser]

hi anteater,

right now, you are viewing it strictly from a legal, non-emotional viewpoint.

i think if you were in that position, you might feel differently.

the father never did anything for them. was not in their life.

now the kids are being asked to ackknowledge this man because he chose to make things worse by sending them $25 ?

he should have just simply mentioned them in the will, and then disowned them. the kids would not be any worse off. now they are reminded of the whole situation because he left them $25.

i would love to see the 2 daughters get child support money, if that turns out to be possible. that would teach that other group of individuals a lesson.

i feel like wringing this mother's neck. to think of threatening to sue 2 kids in regards to their biological dad who abandoned them !!

money does not change people. but as we both know, it can sure shine the light correctly on what sort of people they really are.

 

[anteater]

Yes, but you can't stop someone from being a jerk (the father). And, if you get bent out of shape emotionally every time someone is a jerk, it's going to be one long roller coaster of a life. My point is that the acknowledgement and assent issue won't just go away. Better to just sign it and get it out of the way.

It likely would not make a difference if he flat-out disinherited the daughters. My guess is that in Georgia, as heirs at law, they would still be presented with the acknowledgement and assent.

They could disclaim the $25. But, if I wanted to be a real PITA, I'd get the check and frame it as a reminder of how not to be a decent parent. Not cashing or depositing it should give the estate administrator a fit when there is still $50 sitting in the estate account. And, as far as I know, nobody can force you to cash or deposit a check. Revenge is a dish best served cold.

(It would be the daughters' mother that would be entitled to make a claim for any child support - court ordered support as TinkerBelleLuvr points out.)

 

[TrustUser]

yea, i can see it from the state's side.

they want to make sure that all heirs are at least notified.

another reason for my name - LOL.